• IRLI Staff

Liberty Nation: Identity Theft Finally A Crime For Illegals

By Kelli Ballard

Affecting millions of Americans across the nation, identity theft is a growing crime with a new victim every two seconds. This relates mostly to online and cyber crimes. But what about when illegal immigrants steal a U.S. citizen’s Social Security number to provide work verification? Although federal law seems to prohibit states from prosecuting undocumented aliens for using false information on employment forms, the Supreme Court has just ruled against that, allowing states to prosecute individuals who commit such identity theft.

Immigration laws fall under federal jurisdiction. However, the justices have overturned the 2017 Kansas v. Garcia decision regarding the state’s actions to prosecute three illegal immigrants who used Social Security numbers not belonging to them on their I-9 and tax-withholding forms for employment purposes.  The three restaurant workers were convicted, but the convictions were voided by the Kansas Supreme Court, which ruled the charges were inappropriate because “[t]he fact that this information was included in the W-4 and K-4 did not alter the fact that it was also part of the I-9.” On March 3, the U.S. Supreme Court found that the 1986 Immigration Reform and Control Act did not prevent states from prosecuting those who use false or stolen identification, regardless of their immigration status. Read the full story at Liberty Nation.

IRLI is a supporting organization of the Federation for American Immigration Reform.

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